Don't belong. According to the provisions of China's patent law, the following items are not granted patent rights: 1. Scientific discovery. Second, the rules and methods of intellectual activities. Third, the diagnosis and treatment of diseases. Fourth, animal and plant varieties. 5. Substances obtained by nuclear transformation. Only if it is a new method to produce this plant, you can apply for a patent.
Legal objectivity:
Applying for the right to new plant varieties can be started from three aspects: first, breeders should choose varieties with good development prospects. Because domestic enterprises need 6000 to 1 000 yuan to obtain a variety right, the cost of foreign enterprises' application is higher. And you have to pay an annual fee in the future. Compared with horticultural crops, flowers have more varieties, but the planting scale is limited and the cost is still relatively high. In addition, before applying, it is best to consult the variety rights agency about related matters to avoid detours. The organization has professionals who combine agronomy, horticulture, flowers, law and other majors. Moreover, the organization has the characteristics of information spirit, extensive contacts, strong professionalism and rich government resources. It can not only provide agency and consulting services for new variety rights, but more importantly, it can also serve as a technical intermediary to help variety owners to carry out specialized technical work such as the transfer, licensing, cooperation and development of variety rights. Followed by technical requirements. Whether a plant variety is a new variety must meet the following six conditions: ① it is in the protection list of new varieties of agricultural or forestry plants; (2) novelty; (3) have a proper name; ④ specificity; ⑤ consistency; ⑥ It has stability. Among them, specificity, consistency and stability (DUS for short) are essential for the review of new plant varieties. What needs to be emphasized here is the issue of novelty. The Regulations on the Protection of New Plant Varieties stipulates that new plant varieties granted variety rights should be novel. Novelty means that the new plant variety that applies for variety right has not been sold before the application date, or the sales in China with the permission of the breeder do not exceed 1 year; It has not been more than 6 years to sell the propagation materials of lianas, trees, fruit trees and ornamental trees abroad, and it has not been more than 4 years to sell the propagation materials of other plant varieties. However, some foreign flower varieties have been on the market for more than 10 years and have been widely recognized by the market. They want to enter the China market to apply for protection, which does not meet the requirements of China, so they cannot apply. For example, a Dutch enterprise applied to the Quality Assurance Office of the Ministry of Agriculture for the variety rights of seven chrysanthemum varieties, but it was rejected because it did not meet the novelty requirements. However, it is worth noting that according to the Detailed Rules for the Implementation of the Regulations on the Protection of New Plant Varieties (Agricultural Part), within two years from the date of publication of the catalogue, there is a four-year grace period for applying for novelty of new varieties, that is, varieties that have been publicly sold within four years before the application date (subject to invoices) can apply; Two years after the publication of the catalogue, only varieties sold within 1 year before the application date have the right to apply for protection. The third is about the core content of the application. Taking the application for protection of new agricultural varieties as an example, new varieties should have appropriate names when applying; The applicant shall clearly explain the source of the new variety, and describe and disclose the parent source, breeding methods and steps of the applied variety in detail in combination with the pedigree; When applying, the characteristics of similar varieties should also be described in detail; Similar varieties should have the closest morphological and botanical characteristics to the applied varieties and be related to the applied varieties, which are called existing varieties. In addition, when applying, it is also necessary to describe the sales situation, the specificity, consistency and stability of the new variety, the suitable planting area and the main points of cultivation. , and also provide photos.